AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Frank Tuerkheimer Bob Kastenmeier and 1960s Civil Rights Legislation: Leadership Through Commitment and Foresight 2005 Wisconsin Law Review 947 (2005) Law Review Articles and Other Secondary Sources   What I would like to do in this presentation is provide an outline of the modern civil rights movement up until 1963, describe my encounter with Bob Kastenmeier, and, in particular, his role in the movement. When I came to the University of Wisconsin Law School in 1970 I found that he had an excellent reputation in areas other than civil rights,... 2005  
James Marvin Pérez Brown's Demise 80 New York University Law Review 712 (May, 2005) Law Review Articles and Other Secondary Sources   We live in a nation where equality and integration have proven, and continue to prove, evasive. In 2005, despite the Supreme Court's 1954 pronouncement in Brown v. Board of Education (Brown I), our public schools remain largely segregated, and there are few signs of improvement. Admittedly, African Americans are on the whole better off today than... 2005  
Thomas E. Kleven Brown's Lesson: to Integrate or Separate Is Not the Question, but How to Achieve a Non-racist Society 5 University of Maryland Law Journal of Race, Religion, Gender and Class 43 (Spring, 2005) Law Review Articles and Other Secondary Sources   Brown v. Board of Education represented a great victory in the struggle for racial justice in the United States. Brown ended American apartheid, the explicit use of law to promote white supremacy and the perpetual subordination of African Americans in a caste-like status. This subordination was carried out in the most undemocratic way possible,... 2005  
Angela Onwuachi-Willig , Mario L. Barnes By Any Other Name?: on Being "Regarded As" Black, and Why Title Vii Should Apply Even If Lakisha and Jamal Are White 2005 Wisconsin Law Review 1283 (2005) Law Review Articles and Other Secondary Sources   Forty years after the passage of Title VII of the Civil Rights Act of 1964, scholars Marianne Bertrand and Sendhil Mullainathan reported the results of their groundbreaking study, Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination. Their study revealed that simply having an African American... 2005  
Carol Necole Brown Casting Lots: the Illusion of Justice and Accountability in Property Allocation 53 Buffalo Law Review 65 (Winter 2005) Law Review Articles and Other Secondary Sources   I. Introduction. 66 II. An Early Case of Casting Lots: A Retrospective on The Antelope Case. 74 III. An Analysis of Casting Lots and The Antelope Case. 88 A. Understanding First- and Second-Order Decisions. 91 B. Understanding The Antelope as Impacted by First- and Second-Order Decisions. 95 IV. Achieving Distributive Justice. 99 A. Distributive... 2005  
Francisco Valdes City and Citizen: Community-making as Legal Theory and Social Struggle 52 Cleveland State Law Review Rev. 1 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 1 II. Operations of Power: Expanding the Critiques of Identity in Law and Culture. 3 A. City and Citizenship: Between and Beyond the Nation-State. 7 B. Race, Ethnicity and Gender: Identity Ideologies in Law and Culture. 14 C. Identity, Discourse and Society: Mapping the Lines of Critical Inquiry. 22 D. Migration, Land and Labor:... 2005  
Harvey Gee Civil Liberties, National Security, and the Japanese American Internment 45 Santa Clara Law Review 771 (2005) Law Review Articles and Other Secondary Sources   I don't want any of them (persons of Japanese ancestry) here. They are a dangerous element. There is no way to determine their loyalty. . . . It makes no difference whether he is an American citizen, he is still a Japanese. American citizenship does not necessarily determine loyalty. . . . [W]e must worry about the Japanese all the time until he is... 2005  
Paul Schiff Berman Conflict of Laws, Globalization, and Cosmopolitan Pluralism 51 Wayne Law Review 1105 (Fall, 2005) Law Review Articles and Other Secondary Sources   More than ten years ago, German theorist Gunther Teubner called for the creation of an intersystemic conflicts law, derived not just from collisions between the distinct nation-states of private international law, but from what he described as conflicts between autonomous social subsystems. Since then, the web of intersystemic lawmaking Teubner... 2005  
Camille A. Nelson Considering Tortious Racism 9 DePaul Journal of Health Care Law 905 (2005) Law Review Articles and Other Secondary Sources   My own view is that we did brilliantly up until about the [19]60s and then we lost it. I think the pain of racism really hasn't been fully articulated yet. We talk about various changes and all of that, but we've underestimated the psychological damage American slavery and its legacy has wrought upon the lives of Blacks in general. The recent... 2005  
Toni Lester Contention, Context and the Constitution: Riding the Waves of the Affirmative Action Debate 39 Suffolk University Law Review 67 (2005) Law Review Articles and Other Secondary Sources   2003 proved to be a watershed year for the United States Supreme Court. In that year, the Court took a stand after almost twenty-four years of silence on one of the most contentious issues in the history of the United States Constitution. The issue was whether or not state universities could use race-based criteria to determine the admissibility of... 2005  
Matthew A. Weiner Defeating Hatred with Truth: an Argument in Support of a Truth Commission as Part of the Solution to the Israeli-palestinian Conflict 38 Connecticut Law Review 123 (Fall, 2005) Law Review Articles and Other Secondary Sources   I particularly want to speak to the families of the people [whose] deaths I caused. I am truly sorry for causing the deaths of your loved ones. I had nothing personal against them. It was in a quest for my own freedom and in a quest to unshackle myself from the Apartheid system, that I brought about the death of your loved ones. For this I am... 2005  
  Dirty Dozen, Part Iv: this Year's Scams Irs Doesn't Want Taxpayers to Fall for 102 Journal of Taxation 319 (May, 2005) Law Review Articles and Other Secondary Sources   This column provides an informal exchange of ideas, questions, and comments arising in everyday tax practice. Readers are invited to write to the editors: Sheldon I. Banoff, Suite 1600, 525 West Monroe Street, Chicago, Illinois 60661-3693, Sheldon.Banoff@kmzr.com, and Richard M. Lipton, 130 East Randolph Drive, Chicago, Illinois 60601,... 2005  
Trevor C.W. Farrow Dispute Resolution and Legal Education: a Bibliography 7 Cardozo Journal of Conflict Resolution 119 (Fall 2005) Law Review Articles and Other Secondary Sources   I. Introduction. 119 II. Bibliography. 120 A. Academic Books and Articles. 120 B. Reports. 131 C. Manuscripts. 134 D. Conference Materials. 134 E. Case Law. 134 F. News Reports. 135 G. Selected Academic Dispute Resolution Centres and Programs. 135 H. Other Online Materials. 138 This selected bibliography is designed to act as a resource to assist... 2005  
Carl G. Cooper Diversity: Denied, Deferred or Preferred 107 West Virginia Law Review 685 (Spring 2005) Law Review Articles and Other Secondary Sources   I. Introduction. 685 II. Why Diversity?. 686 A. Diversity As a Value Added Business Tool. 688 B. Diversity Used to Remediate Past Wrongs. 688 III. Hypocrisy's Assault on Diversity. 690 IV. K&LNG's Novel Diversity Initiatives. 692 V. Benchmarks for the Chief Diversity Officer. 693 VI. Partner Mentoring and the Importance of Associate Feedback . 694... 2005  
Susan R. Jones Dr. Martin Luther King, Jr.'s Legacy: an Economic Justice Imperative 19 Washington University Journal of Law and Policy 39 (2005) Law Review Articles and Other Secondary Sources   It is a tremendous honor to be the 2005 Martin Luther King Jr. Commemorative Speaker and a participant in the 2004-05 Seventh Annual Public Interest Law Speakers Series, entitled Access to Justice: The Social Responsibility of Lawyers. I would like to thank Professor Karen Tokarz for the invitation to speak today. I would also like to thank... 2005  
Tomiko Brown-Nagin Elites, Social Movements, and the Law: the Case of Affirmative Action 105 Columbia Law Review 1436 (June, 2005) Law Review Articles and Other Secondary Sources   Contributing to the growing legal literature on social movements and constitutional culture, this Article uses the widespread public mobilization that occurred around Grutter v. Bollinger and Gratz v. Bollinger as a point of departure for its analysis. These cases are apt for such a discussion because they generated scores of amicus briefs and... 2005  
G. Kristian Miccio Exiled from the Province of Care: Domestic Violence, Duty and Conceptions of State Accountability 37 Rutgers Law Journal 111 (Fall 2005) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 112 II. PUBLIC DUTIES, PRIVATE HARMS. 124 A. The Public Duty Doctrine: Insulating the State from Responsibility. 124 B. In Search of DutyThe Special Relationship Requirement: When Special Is Not Really Special at All. 140 C. The Line in the Sand: Affirmative/Non-Affirmative and Public/Private Conduct. 146 1. The... 2005  
Sheila R. Foster Foreword 73 Fordham Law Review 2027 (April, 2005) Law Review Articles and Other Secondary Sources   Two years ago, a group of Fordham law students approached some of my colleagues and I inquiring why there was not a course on critical race theory (CRT) listed in the Spring schedule of classes. The students were ethnically and racially varied, but all had either previously been exposed to CRT or possessed a deep curiosity about what it might... 2005  
Carrie Menkel-Meadow, Mark Tushnet From the Editors 55 Journal of Legal Education 317 (September, 2005) Law Review Articles and Other Secondary Sources   For this issue we return to free-standing articles, demonstrating the scope and breadth of issues in legal pedagogy. We begin with discussions about how to enrich and deepen some core courses in legal education, all of which reflect on the history of their subjects, both doctrinally and pedagogically. Alfred Brophy discusses how treating issues of... 2005  
Annie M. Smith Great Judicial Opinions Versus Great Literature: Should the Two Be Measured by the Same Criteria? 36 McGeorge Law Review 757 (2005) Law Review Articles and Other Secondary Sources   I read something that moved me a lot not very long ago. I was reading something by Chesterton, and he was talking about one of the Brontës, I think her Jane Eyre. He says you go and look out at the city--I think he was looking at London--and he said you know, you see all those houses now, even at the end of the nineteenth century and they look all... 2005  
André Douglas Pond Cummings Grutter v. Bollinger, Clarence Thomas, Affirmative Action and the Treachery of Originalism: "The Sun Don't Shine Here in this Part of Town" 21 Harvard BlackLetter Law Journal L.J. 1 (Spring, 2005) Law Review Articles and Other Secondary Sources   In the landmark 2003 affirmative action case Grutter v. Bollinger, United States Supreme Court Justice Clarence Thomas authored a startling dissenting opinion. Grutter, for all intents and purposes, upheld the use of race as a plus factor in state university admissions decisions. Specifically, Grutter held that the University of Michigan Law... 2005  
  Harry Potter and the Law 12 Texas Wesleyan Law Review 427 (Fall 2005) Law Review Articles and Other Secondary Sources   I. Introduction: The Significance of Harry Potter by Jeffrey E. Thomas . 428 II. Family Life and Moral Character by James Charles Smith . 431 III. Collapsing Liberalism's Public/Private Divide: Voldemort's War on the Family by Danaya Wright . 434 IV. Harry Potter and the Miserable Ministry of Magic by Benjamin H. Barton . 441 V. Unforgivable Curses... 2005  
Jan Arno Hessbruegge Human Rights Violations Arising from Conduct of Non-state Actors 11 Buffalo Human Rights Law Review 21 (2005) Law Review Articles and Other Secondary Sources   From their humble beginnings in the Magna Carta of 1215 to their official birth in the Déclaration des droits de l'homme et du citoyen of 1789 and thereafter, human rights movements concerned themselves with curbing abuses by powerful states and their rulers. Today, states increasingly share their power with international organizations and, perhaps... 2005  
Jonathan K. Stubbs Implications of a Uniracial Worldview: Race and Rights in a New Era 5 Barry Law Review Rev. 1 (Spring 2005) Law Review Articles and Other Secondary Sources   Race is a human puzzle. This work analyzes how the puzzle fits together, preliminarily suggests a way to rethink what we mean by race, and briefly explores some implications of re-visioning race. As we enter a new millennium, the prophetic words of Dr. Martin Luther King, Jr. remind us that rethinking race is not optional. It is imperative: (I)f we... 2005  
  In Brief 3/3/2005 Vol.51 17 (3/3/2005) Law Review Articles and Other Secondary Sources     2005  
  In Brief 3/17/2005 Vol.51 17 (3/17/2005) Law Review Articles and Other Secondary Sources     2005  
Brian F. Havel In Search of a Theory of Public Memory: the State, the Individual, and Marcel Proust 80 Indiana Law Journal 605 (Summer, 2005) Law Review Articles and Other Secondary Sources   This Article posits the existence and pervasiveness of an official public (or State) memory that is primarily constructed using public law devices and statements of official policy. While official public memory serves the purposes of social control and stability, it also seeks to mask contestation and is, accordingly, neither complete nor... 2005  
Andowah A. Newton Injecting Diversity into U.s. Immigration Policy: the Diversity Visa Program and the Missing Discourse on its Impact on African Immigration to the United States 38 Cornell International Law Journal 1049 (Fall 2005) Law Review Articles and Other Secondary Sources   Introduction. 1050 I. The Diversity Visa Program. 1051 A. History: Predecessor and Temporary Programs. 1052 B. Permanent Program: Procedures and Requirements. 1053 C. Purpose. 1055 II. Criticism of the Diversity Visa Program. 1056 III. Disproportionate Underrepresentation of Africans in U.S. Immigration System. 1059 A. Historical Exclusion of... 2005  
Alfred L. Brophy Integrating Spaces: New Perspectives on Race in the Property Curriculum 55 Journal of Legal Education 319 (September, 2005) Law Review Articles and Other Secondary Sources   Many property classes begin with a statement from William Blackstone about the seemingly absolute rights associated with property: This is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man exercises over the external things of the... 2005  
  Interview with Nina Olson, National Taxpayer Advocate 2005-WTR Federal Bar Association Section of Taxation Report Rep. 1 (Winter, 2005) Law Review Articles and Other Secondary Sources   The Report traditionally contains an interview with a high-ranking tax official and this issue is no exception. The co-editors interviewed the national taxpayer advocate, Nina Olson, about her background, her recent projects and accomplishments and her aspirations. The co-editors would like to thank Floyd Williams for arranging this interview and... 2005  
Lateef Mtima Introduction 48 Howard Law Journal 571 (Winter 2005) Law Review Articles and Other Secondary Sources   As Director of the Howard University School of Law's Institute for Intellectual Property and Social Justice (IIPSJ), I have the privilege of penning this foreword to the first Symposium on Intellectual Property & Brown v. Board of Education (IP & Brown Symposium), a collaboration with the Howard Law Journal that examines the social policy goals of... 2005  
Rhonda V. Magee Inviting New Worlds, Tuning to New Voices: a Post-9/11 Meditation on "Where Do We Go from Here?" 3 Seattle Journal for Social Justice 587 (Spring/Summer, 2005) Law Review Articles and Other Secondary Sources   As ink strikes letters to this page, young Americans--mostly men--lurk in the streets of towns with names like Mosul and Fallujah in a place called Iraq, guns nervously poised to deliver death. Five years ago, neither the young coalition soldiers scanning the apartments and school buildings in desert fatigues, nor the insurgents who would do them... 2005  
Ruqaiijah Yearby Is it Too Late for Title Vi Enforcement? - Seeking Redemption of the Unequal United States' Long Term Care System Through International Means 9 DePaul Journal of Health Care Law 971 (2005) Law Review Articles and Other Secondary Sources   Segregation is the adultery of an illicit intercourse between injustice and immorality. Reverend Dr. Martin Luther King, Jr. Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with... 2005  
Guadalupe T. Luna Kulturkampf Revelations, Racial Identities and Colonizing Structures 35 Seton Hall Law Review 1191 (2005) Law Review Articles and Other Secondary Sources   Kul*turkampf<>, n. [G., fr. kultur, cultur, culture + kampf fight.] (Ger. Hist.)Lit., culture war;--a name, originating with Virchow (1821--1902), given to a struggle between the Roman Catholic Church and the German government, chiefly over the latters efforts to control educational and ecclesiastical appointments in the interest of... 2005  
Sylvia R. Lazos Vargas Kulturkampf[s] or "Fit[s] of Spite"?: Taking the Academic Culture Wars Seriously 35 Seton Hall Law Review 1309 (2005) Law Review Articles and Other Secondary Sources   Polarization and heated debate within legal academia are nothing new. Some might argue that vigorous contentiousness, even if not always civil, is essential to a healthy intellectual culture. Others would note that lawyers, legal academics especially, are a highly contentious bunch with a reputation for aggressive behavior. Heated debates between... 2005  
Heather Morris Legislative Watch 12 Human Rights Brief 42 (Spring, 2005) Law Review Articles and Other Secondary Sources   The Human Rights Brief's Legislative Watch reports on key U.S. legislation relevant to human rights and humanitarian law. This list is not meant to be comprehensive. Sponsor: Representative Rush D. Holt (D-NJ-12) Status: Referred to the House Committee on Armed Services (Subcommittee) on January 4, 2005. Substance: Section I of the bill requires... 2005  
Jeffrey Manns Liberty Takings: a Framework for Compensating Pretrial Detainees 26 Cardozo Law Review 1947 (April, 2005) Law Review Articles and Other Secondary Sources   The Bush administration's detention of hundreds of alleged enemy combatants and illegal aliens with suspected terrorist links without trials, convictions, or compensation has exposed detention powers to unprecedented scrutiny. Paradoxically, debate on the war on terror has obscured equally significant concerns surrounding the detention of tens... 2005  
Jon B. Gould Look Who's (Not) Talking 8 Green Bag 367 (Summer 2005) Law Review Articles and Other Secondary Sources   In 2001, conservative activist David Horowitz garnered national headlines when he crafted a highly controversial advertisement against reparations for slavery and sent the ad to a selection of newspapers at the most prestigious and liberal colleges across the country. The ad drew a firestorm of protest at many schools, with several newspapers... 2005  
Susan Taing Lost in the Shuffle: the Failure of the Pan-asian Coalition to Advance the Interests of Southeast Asian Americans 16 Berkeley La Raza Law Journal 23 (Spring, 2005) Law Review Articles and Other Secondary Sources   In the summer of 2003, members of the academic community breathed a collective sigh of relief when the Supreme Court announced in the landmark decision, Grutter v. Bollinger, that educational diversity was indeed a compelling state interest. The Court upheld the University of Michigan Law School's (hereinafter Law School) race-conscious admission... 2005  
Robert Ashford Memo on Binary Economics to Attorneys for Women and People of Color Re: What Else Can Public Corporations Do for Your Clients? 79 Saint John's Law Review 1221 (Fall 2005) Law Review Articles and Other Secondary Sources   Introduction. 1221 I. A Brief Consideration of Corporate Wealth and Corporate Social Responsibility. 1225 II. Overview of Binary Economics. 1227 III. The Question of Unutilized Productive Capacity. 1231 IV. The Binary Hypothesis Regarding Unutilized Productive Capacity. 1239 V. Applying Binary Principles to the United States Economy. 1242 A. A... 2005  
Nan Seuffert Nation as Partnership: Law, "Race," and Gender in Aotearoa New Zealand's Treaty Settlements 39 Law and Society Review 485 (September, 2005) Law Review Articles and Other Secondary Sources   This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as structural adjustment, or Reaganomics in the United States, which was intended to produce a competitive... 2005  
Liyah Kaprice Brown Officer or Overseer?: Why Police Desegregation Fails as an Adequate Solution to Racist, Oppressive, and Violent Policing in Black Communities 29 New York University Review of Law and Social Change 757 (2005) Law Review Articles and Other Secondary Sources   On January 23, 2004, Timothy Stansbury, Jr., a nineteen-year-old Black man, earned his GED. He planned to attend community college and start a family with his girlfriend. Hours later, Timothy met two of his friends and together they traveled to another friend's party. The three young men took a shortcut across the rooftop of Timothy's building... 2005  
Rebecca M. Bratspies Organs of Society: a Plea for Human Rights Accountability for Transnational Enterprises and Other Business Entities 13 Michigan State Journal of International Law L. 9 (2005) Law Review Articles and Other Secondary Sources   I think we need to put the corporate world on notice that they just cannot move about the world, rape, pillage and plunder and then walk away from something just because they are for-profit . . . . Transnational companies have been the first to benefit from globalization. They must take their share of responsibility for coping with its effects.... 2005  
Pedro A. Malavet Outsider Citizenships and Multidimensional Borders: the Power and Danger of Not Belonging 52 Cleveland State Law Review 321 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 321 II. The Power of Not Belonging: Outsider Citizenships and Multidimensional Borders. 321 III. The Danger of Not Belonging: The Seduction of Inventing Originality. 328 IV. Conclusion: The Growing, if Perhaps Neglected, Contribution of LatCrit Scholarship. 333 2005  
Samuel T. Morison Prescriptive Justice and the Weight of History 38 Creighton Law Review 1153 (2005) Law Review Articles and Other Secondary Sources   Any theory of justice that seeks to legitimate current rights to property based on the historical provenance of the distribution of holdings in society, such as Robert Nozick's entitlement theory, is bedeviled by a perennial problem. Even if the historical entitlement theory is otherwise theoretically sound, the argument goes, it relies crucially... 2005  
George W. Dent, Jr. Race, Trust, Altruism, and Reciprocity 39 University of Richmond Law Review 1001 (May, 2005) Law Review Articles and Other Secondary Sources   Trust, altruism, and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of rational human selfishness predict. These findings inspired social scientists to discover... 2005  
Myron Orfield Racial Integration and Community Revitalization: Applying the Fair Housing Act to the Low Income Housing Tax Credit 58 Vanderbilt Law Review 1747 (11/1/2005) Law Review Articles and Other Secondary Sources   I. Introduction. 1749 II. The Regional Problem of Segregation and Concentrated Poverty. 1754 A. Housing Discrimination and Concentrated Poverty. 1754 B. Resegregation and Racial Change. 1757 C. Harms of Residential Segregation and Concentrated Poverty. 1759 D. Benefits of Racial and Socioeconomic Integration. 1761 III. History and Interpretation of... 2005  
Libby Adler Rage and Critique: One Jewish Girl's Story 1 Unbound: Harvard Journal of the Legal Left Left 1 (2005) Law Review Articles and Other Secondary Sources   The most surprising thing he ever said to me was Don't take this the wrong way, but you're really quite beautiful. We were sitting across the table from one another in a bistro in Boston's Back Bay, enjoying a brief escape from the demands of our studies. In the spring of 1998, we were classmates in the Harvard Law School Graduate Program.... 2005  
Rachel Anderson Redressing Colonial Genocide under International Law: the Hereros' Cause of Action Against Germany 93 California Law Review 1155 (July, 2005) Law Review Articles and Other Secondary Sources   It is widely supposed that the genocidal wars waged by colonial administrations against indigenous peoples or nations before 1948 did not violate rules of international law. Contemporary scholars and commentators assert that all forms of genocide were first criminalized and made punishable by the 1948 United Nations Convention on the Prevention and... 2005  
Margaret M. Russell Reopening the Emmett till Case: Lessons and Challenges for Critical Race Practice 73 Fordham Law Review 2101 (April, 2005) Law Review Articles and Other Secondary Sources   Oh, what sorrow, Pity, pain, That tears and blood Should mix like rain In Mississippi! And terror, fetid hot, Yet clammy cold Remain. On May 10, 2004, the United States Department of Justice and the Mississippi District Attorney's Office for the Fourth District announced the opening of a new investigation into the 1955 murder of Emmett Till. This... 2005  
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